New bus seats in Shenzhen are 34 cm high, making it difficult for elderly passengers to sit down—who is responsible for the lack of age-friendly design?
Recently, some newly launched buses in Shenzhen have sparked public discussion due to the excessive height of the seat steps. According to a test conducted by reporters from Shenzhen Press Group, the step height of some bus models is approximately 34 centimeters, close to the height of an adult's knee, making it quite difficult for elderly passengers to sit down. The bus operation department responded that the vehicle design complies with national safety standards for passenger vehicles and that priority seats have been installed in the low-floor areas. However, this response has not fully quelled public concerns about age-friendly public transportation. From a legal perspective, this is not merely a design detail issue but also involves the protection of elderly rights, compliance of public services, and potential legal liabilities. This article will analyze the legal issues behind the incident from a lawyer's perspective and provide ordinary citizens with ideas for safeguarding their rights.
Bus seat design complies with regulations, but has the requirement for elderly-friendliness been overlooked?
The bus operation department emphasized that the vehicles meet national passenger vehicle safety standards, which typically refer to mandatory national standards such as the "Safety Requirements for the Structure of Passenger Vehicles" (GB 13094). These standards primarily focus on safety indicators such as structural strength, fire prevention, and evacuation, and do not impose specific restrictions on the height of seat steps. Therefore, from a purely technical compliance perspective, the operation department's statement has its basis.
However, legal compliance does not equate to reasonable service. The Law of the People's Republic of China on the Construction of Barrier-Free Environments, which took effect on September 1, 2023, clearly stipulates that public transportation facilities shall meet barrier-free standards to provide convenience for the elderly, persons with disabilities, and other members of society. Article 14 of the law requires that public transportation stations and vehicles be equipped with barrier-free facilities and marked with barrier-free signage in accordance with relevant national regulations. Although the law does not specify details down to the height of seat steps, its legislative intent clearly points to public services accommodating the needs of special groups.
Additionally, Article 57 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that public transportation venues and facilities should provide preferential treatment and care for the elderly. As a provider of public services, the bus company has an obligation to optimize facilities within a reasonable scope to ensure that elderly individuals can use public transportation conveniently and safely. A 34-centimeter step may be easy for young people, but for the elderly with degenerated joints, it can pose a substantial barrier, which deviates from the age-friendly direction advocated by the law.
Should the bus company bear tort liability when an elderly person is injured by steps?
If an elderly passenger falls and is injured while climbing high steps, the determination of legal liability will be based on Article 1198 of the Civil Code of the People's Republic of China. This provision stipulates that operators or managers of business premises or public places such as hotels, shopping malls, banks, stations, airports, sports venues, and entertainment venues shall bear tort liability if they fail to fulfill their safety protection obligations and cause harm to others.
Public buses are public transportation vehicles, and the operating company bears a duty of safety protection toward passengers. If the step design is clearly inconvenient and no effective warnings or auxiliary facilities (such as handrails or signage) are provided, the bus company may be found to have failed in its duty of reasonable care and may be required to bear corresponding compensation liability. In judicial practice, there are precedents for similar cases. For example, in 2022, when an elderly person was injured in a fall due to excessively high steps on a bus operated by a company in Guangzhou, the court ruled that the bus company bore 70% of the fault liability, on the grounds that the step design failed to adequately consider the needs of elderly passengers and that sufficient warnings were not provided.
However, passengers themselves also bear a certain duty of care. If an elderly person knowingly climbs the steps despite their excessive height, and the bus company has already installed priority seats and posted warnings, the court may, in accordance with Article 1173 of the Civil Code, find that the victim was at fault and reduce the tortfeasor's liability. Therefore, the apportionment of liability in an accident must be determined based on the specific circumstances, but in any case, the bus company cannot be fully exempted from liability merely on the grounds of "compliance with standards."
Can the designation of priority seats become a "get-out-of-jail-free card"?
In its response, the operations department emphasized that the new buses have designated priority seats in the low-floor area next to the doors, specifically adapted for elderly, pregnant, and disabled passengers. This measure does reflect consideration for special groups, but from a legal perspective, is it sufficient to exempt the bus company from liability regarding the high-step seats?
The answer is no. First, the number of priority seats is limited, usually only around five, while elderly passengers may board at the same time or have concentrated demand. When priority seats are insufficient, elderly people are forced to choose seats with high steps, and the risk remains. Second, the Law on the Construction of a Barrier-Free Environment emphasizes the principle of "universal design," meaning that facilities should benefit everyone as much as possible, rather than relying solely on specialized treatment. Bus companies should optimize the overall design rather than merely setting up a few designated areas.
From the perspective of contract law, a public transit transportation contract implies a duty of safe carriage. Even if priority seats are provided, if other seats present obvious inconveniences and the risks are not disclosed in advance, it may constitute a defect in contract performance. In a 2021 Beijing case, a bus company was ordered to compensate a passenger for injuries from a fall because some seats in the vehicle lacked handrails and passengers were not warned. The court noted that "the convenience of some facilities cannot offset the overall hidden hazards."
Therefore, while priority seats are a positive initiative, they are not sufficient to serve as a "free pass" from liability. The bus company should assess the usage frequency of high-step seats, reduce their number if necessary, or add auxiliary steps and handrails to effectively lower the risks.
How can citizens protect their rights? A lawyer offers practical advice.
For ordinary citizens, especially elderly individuals and their family members, if they encounter inconvenience or injury due to bus seat design issues, the following legal avenues can be pursued to protect their rights:
1. **On-site evidence collection**: If you encounter difficulties with high steps, you can take photos or videos as records, keep your ticket or payment records, and note the time, route, and license plate number. If an accident occurs, seek medical attention immediately and keep the diagnostic documentation.
2. **Complaints and Reports**: File a complaint with the Shenzhen Municipal Transport Bureau or the bus company's customer service, requesting corrective action. According to the "Code for Public Bus Passenger Transport Services," bus operators are required to establish a complaint-handling mechanism, with feedback generally provided within 7 days. If the issue involves accessibility concerns, you may also report it to the Shenzhen Disabled Persons' Federation.
3. **Litigation Claims**: If injured, you may file a tort lawsuit under Article 1198 of the Civil Code, seeking compensation for medical expenses, nursing fees, and damages for mental distress, among others. The statute of limitations is 3 years, calculated from the date you become aware of the infringement of your rights.
4. **Potential Public Interest Litigation**: If the bus company refuses to rectify the issue, consumer associations or procuratorial organs may, in accordance with Article 58 of the Civil Procedure Law, file public interest litigation to urge the company to fulfill its accessibility obligations.
Guangdong Zhiming Law Firm reminds: The age-friendly adaptation of public buses is not only about convenience, but also about the dignity of the law. If you or a family member have had your rights infringed due to defects in bus facilities, it is recommended to consult a professional lawyer promptly to assess the path for rights protection. Our firm has deep expertise in livelihood-related legal matters in Shenzhen and can provide a free initial assessment to help you protect your rights in accordance with the law.
In conclusion, beyond compliance, there is a greater need for humanized care.
The incident involving the new bus steps in Shenzhen highlights the shortcomings of public services in the process of age-friendly adaptation. The law represents the minimum standard of morality, and while the bus operating department may be technically compliant, it should proactively align with the higher requirements of the "Law on the Construction of a Barrier-Free Environment." As citizens, we should actively speak up and use legal tools to drive change. Only by placing "convenience" and "safety" on equal footing can we build a truly inclusive barrier-free travel environment.
